Residence Homestead: (tax code)"Residence homestead" means a structure (including a mobile home) or a separately secured and occupied portion of a structure (together with the land, not to exceed 20 acres, and improvements used in the residential occupancy of the structure, if the structure and the land and improvements have identical ownership) that:(A) is owned by one or more individuals, either directly or through a beneficial interest in a qualifying trust;(B) is designed or adapted for human residence;(C) is used as a residence; and(D) is occupied as the individual's principal residence by an owner, by an owner's surviving spouse who has a life estate in the property, or, for property owned through a beneficial interest in a qualifying trust, by a trustor or beneficiary of the trust who qualifies for the exemption.

Tax Code Section 11.131 requires an exemption of the total appraised value of homesteads of Texas veterans who received 100 percent compensation from the U.S. Department of Veterans Affairs due to a 100 percent disability rating or determination of individual unemployability by the U.S. Department of Veterans Affairs.

90%-10% Disabled Veterans

10-90% Disabled veterans (and their surviving family) may apply for two different exemptions-

The disabled veteran partial exemption

The Residence Homestead Exemption.

(Please note each county determines which exemptions may be combined, this may not apply in all counties, contact your Apprasal District to verify)

WHAT TO SUBMIT: Form 50-135 AND Form 50-114(Two different forms)

1. Disabled Veteran Partial Exemption:

For: Disabled Veteran Exemption (10-90%)-OR- Surviving Spouse/child of Deceased Disabled Veteran -OR- Surviving Spouse/child of Armed Service Member who died on Active Duty

ID with address matching residence homestead (may be waived in some circumstances, see form)

2. Residence Homestead Exemption

Supporting Documents:(listed on form 50-114 above, please consult form to verify documents needed)

Form 50-114- complete and notarized

VA Disability Letter showing 100% VA disability

ID with address matching residence homestead (may be waived in some circumstances, see form)

FINE PRINT:

1. Disabled Veteran ExemptionWhat is the amount of the disabled veteran's exemption?The exemption amount that a qualified disabled veteran receives depends on the veteran's disability rating from the branch of the armed service.

Tax Code Section 11.13(b) requires school districts to offer a $25,000 exemption on residence homesteads and Tax Code Section 11.13(n) allows any taxing unit the option to decide locally to offer a separate residence homestead exemption of up to 20 percent of a property’s appraised value. The local option exemption cannot be less than $5,000. Tax Code Section 11.13(a) requires counties that collect farm-to-market or flood control taxes to offer a $3,000 residence homestead exemption.

There are no specific qualifications for the general homestead exemption other than the owner has an ownership interest in the property and uses the property as the owner’s principal residence. An applicant is required to state that he or she does not claim an exemption on another residence homestead in or outside of Texas.

10-90% Disabled veterans that are over 65 may apply for three exemptions:

1. Disabled Veteran ExemptionTax Code Section 11.22 provides partial exemptions for any property owned by disabled veterans and surviving spouses and children of deceased disabled veterans and Tax Code Section 11.132 provides a partial exemption for residence homesteads donated to disabled veterans by charitable organizations that also extends to surviving spouses who have not remarried. The amount of exemption is deter­mined according to percentage of service-connected disability. More information on the amount of the exemption can be found in the FAQ- Disabled Veterans Exemption.

Tax Code Section 11.131 entitles a disabled veteran who receives 100 percent disability compensation due to a service-connected disability and a rating of 100 percent disabled or of individual unemployability to a total property tax exemption on the veteran’s residence homestead.

This exemption extends to a surviving spouse who was married to a disabled veteran who qualified or would have qualified for this exemption if it has been in effect at the time of the veteran’s death provided:

the surviving spouse has not remarried;

the property was the residence homestead of the surviving spouse when the veteran died and;

the property remains the residence homestead of the surviving spouse.

Tax Code Section 11.133 entitles a surviving spouse of a member of the U.S. armed services killed in action to a total property tax exemption on his or her residence homestead if the surviving spouse has not remarried since the death of the armed services member.

What is the deadline for filing?
You may file for any homestead exemption up to one year after the delinquency date. The delinquency date is normally February 1st. If you are age 65 or older or disabled, you qualify for the exemption on the date you become age 65 or become disabled. To receive the exemption for that year, age 65 or older or disabled homeowners must apply for the exemption no later than one year from the date you qualify or one year after the delinquency date, whichever is later. If you miss the deadline you may apply for the following year.

What is the amount of the disabled veteran's exemption?
The exemption amount that a qualified disabled veteran receives depends on the veteran's disability rating from the branch of the armed service.

Disability Exemption

Disability Rating

Exemption Amount Up To

10% to 29%

$5,000 from the property's value

30% to 49%

$7,500 from the property's value

50% to 69%

$10,000 from the property's value

70% to 100%

$12,000 from the property's value

A disabled veteran may also qualify for an exemption of $12,000 of the assessed value of the property if the veteran is age 65 or older with a disability rating of at least 10 percent; totally blind in one or both eyes; or has lost use of one or more limbs.

May I file for a disabled veteran's exemption after the deadline has passed?
Yes. The deadline for filing for a disabled veteran's exemption is between January 1 and April 30 of the tax year. However, you may file for a disabled veteran's exemption up to one year from the delinquency date. To file for a disabled veteran's exemption, you must complete the Application for Disabled Veteran's or Survivor's Exemptionsform and submit it to the appraisal district in which the property is located.

If my spouse died while serving in the United States military, do I qualify for an exemption?
A surviving spouse of a member of the U.S. armed services killed in action is allowed a total property tax exemption on his or her residence homestead of if the surviving spouse has not remarried since the death of the armed services member.

Tax Code Section 11.13(b) requires school districts to offer a $25,000 exemption on residence homesteads and Tax Code Section 11.13(n) allows any taxing unit the option to decide locally to offer a separate residence homestead exemption of up to 20 percent of a property’s appraised value. The local option exemption cannot be less than $5,000. Tax Code Section 11.13(a) requires counties that collect farm-to-market or flood control taxes to offer a $3,000 residence homestead exemption.There are no specific qualifications for the general homestead exemption other than the owner has an ownership interest in the property and uses the property as the owner’s principal residence. An applicant is required to state that he or she does not claim an exemption on another residence homestead in or outside of Texas.

3. For persons age 65 or older or disabled
For persons age 65 or older or disabled, Tax Code Section 11.13(c) requires school districts to offer an additional $10,000 residence homestead exemption and Tax Code Section 11.13(d) allows any taxing unit the option to decide locally to offer a separate residence homestead exemption. This local option exemption cannot be less than $3,000.To qualify for the age 65 or older local option exemption, the owner must be age 65 or older and live in the house. If the age 65 or older homeowner dies, the surviving spouse may continue to receive the local option exemption if the surviving spouse is age 55 or older at the time of death and lives in and owns the home and applies for the exemption.A disabled person must meet the definition of disabled for the purpose of receiving disability insurance benefits under the Federal Old-Age, Survivors and Disability Insurance Act.A person who qualifies as both age 65 or older and disabled does not qualify for both, but must choose which exemption to claim.

A disabled veteran who owns property other than a residence homestead may apply for a different disabled veteran’s exemption under Tax Code Section 11.22 that is applied according to the veteran’s disability rating of 10 percent or higher. An eligible disabled veteran may receive both exemptions.

HARRIS COUNTY ONLY:
Questions and Answers About the Harris County 100% Disabled Veteran's Homestead Exemption

If you qualify as a 100% Disabled Veteran, you will be interested in the answers to the most commonly asked questions below.

Q. What are the qualifications for this exemption?

You qualify for this 100% homestead exemption if you meet these requirements:

You own a home and occupy it as your residence homestead.

You are receiving 100% disability compensation from the US Department of Veterans Affairs for a service-connected disability.

You have a disability rating of 100% disabled or of individual unemployability.

To get this exemption, you must fill out Form 11.13, checking the box for 100% Disabled Veterans Exemption, as well as all boxes that apply to you. You must attach documentation as well. You may attach a copy of your award letter, a “VA tax letter,” or another document from the United States Department of Veterans Affairs showing 100% disability compensation due to a service-connected disability and a rating of 100% disability or of individual unemployability. The documents you attach must be current documents.

Q. How much of my home’s value will it exempt?

If you qualify, your home will be totally exempt from property taxes in all jurisdictions, regardless of the home’s value. If you co-own the home with someone other than your spouse, your share of the home’s value will be exempted.

Q. I already have a homestead exemption. Do I need to apply for the 100% Disabled Veteran Homestead Exemption?

Yes. This exemption is not given automatically.

Q. I just qualified for the disabled veteran’s exemption. Why do I need to send you my documentation for this exemption?

Qualifications for the 100% Disabled Veteran Homestead Exemption differ from those for the prior disabled veteran’s exemption. In particular, you must show that you actually receive 100% disability compensation for a service-connected disability, and have a rating of 100% disability or individual unemployability.

Q. When is the new homestead exemption effective?

If you apply and qualify for the current tax year as well as the prior tax year, you will be granted the 100% Disabled Veteran Homestead Exemption for both years. Effective January 1, 2012, you may receive this exemption for the applicable portion of the year immediately upon qualification. (This applies to 2012 forward; not to prior years).

Q. I bought my home after January 1, 2011. Will I get the new exemption for part of 2011?

No. The exemption will take effect for the 2012 year if you didn’t own your home on January 1, 2011.

Q. My disability rating is actually 50%, but because I am over 65, I receive the maximum disability exemption. Do I qualify for the new homestead exemption?

No. You must be 100% disabled or have a rating of individual unemployability to qualify for the 100% Disabled Veteran Homestead Exemption. You must also be receiving 100% disability compensation from the VA. If the VA reduces or changes either of these ratings, it is your responsibility to notify the appraisal district in writing.

Q. If something happens to me, will the new homestead exemption pass to my spouse or children?

Your surviving spouse, married to you and living at the same residence, may qualify to continue this exemption.

Q. I owe delinquent taxes on my home for years before 2011. Will the new exemption affect those?

No. The exemption will apply for 2011 forward. It does not affect prior years.

Q. I am in a hospital or nursing home. Can I still get the new exemption?

Yes, as long as you intend to return to the home when you are able.

Q. My spouse and I own our home together. How is this homestead exemption calculated?

If the home is community property, it is calculated as if you owned 100% of the home. If the home is not community property, the exemption is prorated in proportion to the value of your interest.

Q. I have a mortgage on the home. Can I still get the new homestead exemption?

Yes.

Q. I don’t currently have a homestead exemption. Do I need to apply for the regular homestead exemption in addition to this one?

You should also apply for the regular homestead exemption. This will ensure that you receive the maximum benefits of the regular exemption should your qualification for the new exemption change.

Q. I have recently turned 65. Should I apply for the over-65 homestead exemption in addition to the new exemption?

Yes, for the same reasons given above.

Q. How much of my home’s value will the new exemption exempt?

Your home will be totally exempt from property taxes.

Q. I meet all of the qualifications for this exemption. I currently apply the $12,000 regular disabled veteran’s exemption to my home. When I get the 100% Disabled Veteran Homestead Exemption, what happens to the other exemption?

This exemption will exempt all of the value of your home. Consequently, the $12,000 disabled veteran’s exemption will have no effect. If you own other taxable property (such as a vacation home or business), you should file a new application with the appraisal district and designate the $12,000 exemption as applying to the other property.

Q. Will I have to reapply every year for the 100% Disabled Veteran Homestead Exemption?

No. Once your exemption is granted, you will not have to reapply unless the chief appraiser requires you to do so in writing.

Q. I already have a disability homestead exemption on my home. What is the difference between that one and this one?

The existing disability homestead exemption has different requirements and benefits. For that exemption, you must meet the Social Security Administration’s definition of disabled, which is not necessarily the same as that used by the VA or your branch of the military. The benefits are also different. Only school districts are required to provide a disability homestead exemption, though many other taxing entities do. The 100% Disabled Veteran Homestead Exemption will apply to all taxing units and will exempt the total value of your home.

Q. Can I apply this exemption to my main home and get the general homestead exemption on my vacation home?

No. Both exemptions apply only to the home that is your principal residence. You can, however, apply the prior disabled veteran’s exemption to your vacation home.

Q. How do I get documentation of my status from the VA?

You can contact the VA at 1-800-827-1000. Their website is at www.va.gov.

HARRIS COUNTY ONLY:
10-99% Disabled Veteran’s Homestead Exemption

Veterans' Exemptions

Are you a disabled veteran or survivor? You may qualify for a property tax exemption if you are either (1) a veteran who was disabled while serving with the U.S. armed forces or (2) the surviving spouse or child (under 18 years of age and unmarried) of a disabled veteran or of a member of the armed forces who was killed while on active duty. You must be a Texas resident.

An Application for Disabled Veteran's or Survivor's Exemption can be found at the Forms Page under the Residential Exemption Section (11-22). Click Here

To establish eligibility, you must have documents from either the Veterans' Administration or the branch of the armed forces that shows the percentage of your service-related disability. Your disability rating must be at least 10 percent.

If you are a surviving spouse or child, you must have the veteran's disability records. You may need other documents such as proof of marriage or age.

Currently, the exemption ranges from $5,000 to $12,000, depending on the extent of the disability. This exemption is not only for a home -- you can apply it to any property you own on January 1, such as to a truck used for business purposes. However, you may pick only one property to receive this exemption. The appropriate exemption amount will be deducted from the appraised value of the property to which you want the exemption applied.

The disabled veterans' exemption is different from a disabled homeowner's exemption, and disabled veterans do not necessarily qualify for the latter type exemption.

65 years of age and disabled at least 10%, or blind, or paraplegic, or having lost one or both limbs

12,000

Surviving spouse or children of a deceased disabled veteran

5,000

If you have a disability rating of 100% or individual unemployability, you should also consider the 100% disabled veterans' homestead exemption. You can find information about it here.

Definitions:

Assessed Value: (tax code)"Assessed Value" means, for the purposes of assessment of property for taxation, the amount determined by multiplying the appraised value by the applicable assessment ratio, but, for the purposes of determining the debt limitation imposed by Article III, Section 52, of the Texas Constitution, shall mean the market value of the property recorded by the chief appraiser.

Child:(tax code)"Child" includes an adopted child or a child born out of wedlock whose paternity has been admitted or has been established in a legal action.

Disability Rating:(tax code)"Disability rating" means a veteran's percentage of disability as certified by the Veterans' Administration or its successor or the branch of the armed services in which the veteran served.

Disabled Veteran: (tax code)"Disabled veteran" means a veteran of the armed services of the United States who is classified as disabled by the Veterans' Administration or its successor or the branch of the armed services in which the veteran served and whose disability is service-connected.

Partial Exemption:(tax code)"Partial Exemption" means an exemption of part of the value of taxable property.

Residence Homestead:(tax code)"Residence homestead" means a structure (including a mobile home) or a separately secured and occupied portion of a structure (together with the land, not to exceed 20 acres, and improvements used in the residential occupancy of the structure, if the structure and the land and improvements have identical ownership) that:(A) is owned by one or more individuals, either directly or through a beneficial interest in a qualifying trust;(B) is designed or adapted for human residence;(C) is used as a residence; and(D) is occupied as the individual's principal residence by an owner, by an owner's surviving spouse who has a life estate in the property, or, for property owned through a beneficial interest in a qualifying trust, by a trustor or beneficiary of the trust who qualifies for the exemption.

Surviving Spouse:(tax code)"Surviving spouse" means the individual who was married to a disabled veteran at the time of the veteran's death.

Taxable Value:(tax code)"Taxable Value" means the amount determined by deducting from assessed value the amount of any applicable partial exemption.

Tax Code Section 11.131 requires an exemption of the total appraised value of homesteads of Texas veterans who received 100 percent compensation from the U.S. Department of Veterans Affairs due to a 100 percent disability rating or determination of individual unemployability by the U.S. Department of Veterans Affairs.

Can this (100%) exemption be applied to all properties owned by a veteran who qualifies?
No, this exemption can only be applied to a residence homestead of a disabled veteran.A disabled veteran who owns property other than a residence homestead may apply for a different disabled veteran’s exemption. This exemption is allowed by Tax Code Section 11.22 and is applied according to the veteran’s disability rating of 10 percent or higher. An eligible disabled veteran may receive both exemptions.

In order to qualify for this exemption, do you have to be receiving a 100 percent disability rating and receiving 100 percent service connected disability compensation?
Yes, a disabled veteran with a service connected disability receiving 100 percent disability compensation and with a disability rating of 100 percent (or determination of individual unemployability) would be eligible for this exemption.

To qualify for this exemption does a veteran have to be both unemployable and have a service connected disability rating of 100 percent?
No, a disabled veteran who has a service connected disability and is receiving 100 percent disability compensation would be eligible for this exemption if he or she is either 100 percent disabled or is unemployable.

When do you have to apply for this exemption?
You must make application to your local appraisal district between January 1 and April 30.

You may download and print thefrom the Comptroller’s website.

If you become eligible for the 100 percent disabled veteran residence homestead exemption in the middle of a tax year, does the exemption apply to that tax year?
A person who qualifies for the exemption after January 1 of a tax year may receive the exemption immediately on qualification for the applicable portion of that tax year.

If a 100 percent disabled veteran moves to a different residence homestead in the middle of a tax year, what happens to the exemption on the previous residence?
If an exemption that applied to a residence homestead on Jan. 1 ends during the year, tax is due on the homestead for the portion of the year after the date the exemption ends.

If a 100 percent disabled veteran moves to a different residence homestead in the middle of a tax year, when does the exemption apply to the new residence?
The exemption starts immediately when the 100 percent disabled veteran purchases the new residence homestead. The tax due for that tax year is the amount due for the portion of the year before the exemption started.

Amust be filed with the appraisal district in which the new residence homestead is located.

Who qualifies for the exemption for the surviving spouse of 100 percent disabled veterans?
Surviving spouses of veterans who qualified for this exemption or who would have qualified for this exemption if it had been in effect at the time of the veteran’s death are eligible if:

the surviving spouse has not remarried;

the property was the surviving spouse’s residence homestead at the time of the veteran’s death; and

the property remains the surviving spouse’s residence homestead.

Does a surviving spouse qualify for an exemption if he or she remarries?
No. A surviving spouse does NOT qualify if the surviving spouse has remarried since the death of the disabled veteran.

How much is the exemption?
The total appraised value of the same property to which the disabled veteran's exemption applied.

If a surviving spouse qualifies for the exemption and then moves to a new residence homestead, can the surviving spouse get an exemption on that homestead?
A surviving spouse can receive an exemption on a subsequent homestead if he or she has not remarried since the death of the disabled veteran; however, the amount of the exemption is the dollar amount of the exemption from taxation of the former homestead in the last year the surviving spouse received the exemption.

How do I qualify for the 100 percent disabled veteran's residence homestead exemption?You can find out if you qualify and how to apply for the exemption in the 100 Percent Disabled Veterans FAQ.

What is the deadline for filing for a homestead exemption?You may file for any homestead exemption up to one year after the delinquency date. The delinquency date is normally February 1st. If you are age 65 or older or disabled, you qualify for the exemption on the date you become age 65 or become disabled. To receive the exemption for that year, age 65 or older or disabled homeowners must apply for the exemption no later than one year from the date you qualify or one year after the delinquency date, whichever is later. If you miss the deadline you may apply for the following year.

Is the disabled veteran's exemption the same as the disabled person's exemption?No. To receive a disabled veteran exemption, you must either be a veteran who was disabled while serving with the U.S. armed forces or the surviving spouse or child (under age 18 and unmarried) of a disabled veteran or of a member of the armed forces who was killed while on active duty. You must be a veteran of the United States armed forces who is classified as disabled by the Veteran’s Administration or the armed services branch in which you served and have a service-connected disability. The disabled veteran must be a Texas resident and must choose one property to receive the exemption.

What is the amount of the disabled veteran's exemption?
The exemption amount that a qualified disabled veteran receives depends on the veteran's disability rating from the branch of the armed service.

Disability Exemption

Disability Rating

Exemption Amount Up To

10% to 29%

$5,000 from the property's value

30% to 49%

$7,500 from the property's value

50% to 69%

$10,000 from the property's value

70% to 100%

$12,000 from the property's value

A disabled veteran may also qualify for an exemption of $12,000 of the assessed value of the property if the veteran is age 65 or older with a disability rating of at least 10 percent; totally blind in one or both eyes; or has lost use of one or more limbs.

May I file for a disabled veteran's exemption after the deadline has passed?Yes. The deadline for filing for a disabled veteran's exemption is between January 1 and April 30 of the tax year. However, you may file for a disabled veteran's exemption up to one year from the delinquency date.

To file for a disabled veteran's exemption, you must complete theform and submit it to the appraisal district in which the property is located.

If my house was donated by a charitable organization am I still eligible for the disabled veteran’s exemption?A disabled veteran is allowed an exemption equal to his or her disability rating (if rating less than 100 percent) on residence homestead donated by charitable organization. The same percentage exemption extends to the surviving spouse, if the surviving spouse has not remarried, the property was the surviving spouse’s homestead when the disabled veteran died and remains his or her residence homestead.

If my spouse died while serving in the United States military, do I qualify for an exemption?A surviving spouse of a member of the U.S. armed services killed in action is allowed a total property tax exemption on his or her residence homestead of if the surviving spouse has not remarried since the death of the armed services member.

Definitions:

Assessed Value: (tax code)"Assessed Value" means, for the purposes of assessment of property for taxation, the amount determined by multiplying the appraised value by the applicable assessment ratio, but, for the purposes of determining the debt limitation imposed by Article III, Section 52, of the Texas Constitution, shall mean the market value of the property recorded by the chief appraiser.

Child:(tax code)"Child" includes an adopted child or a child born out of wedlock whose paternity has been admitted or has been established in a legal action.

Disability Rating:(tax code)"Disability rating" means a veteran's percentage of disability as certified by the Veterans' Administration or its successor or the branch of the armed services in which the veteran served.

Disabled Veteran: (tax code)"Disabled veteran" means a veteran of the armed services of the United States who is classified as disabled by the Veterans' Administration or its successor or the branch of the armed services in which the veteran served and whose disability is service-connected.

Partial Exemption:(tax code)"Partial Exemption" means an exemption of part of the value of taxable property.

Residence Homestead:(tax code)"Residence homestead" means a structure (including a mobile home) or a separately secured and occupied portion of a structure (together with the land, not to exceed 20 acres, and improvements used in the residential occupancy of the structure, if the structure and the land and improvements have identical ownership) that:(A) is owned by one or more individuals, either directly or through a beneficial interest in a qualifying trust;(B) is designed or adapted for human residence;(C) is used as a residence; and(D) is occupied as the individual's principal residence by an owner, by an owner's surviving spouse who has a life estate in the property, or, for property owned through a beneficial interest in a qualifying trust, by a trustor or beneficiary of the trust who qualifies for the exemption.

Surviving Spouse:(tax code)"Surviving spouse" means the individual who was married to a disabled veteran at the time of the veteran's death."Surviving spouse" means the individual who was married to a disabled veteran at the time of the veteran's death.

Taxable Value:(tax code)"Taxable Value" means the amount determined by deducting from assessed value the amount of any applicable partial exemption.